Lauro Zuniga-Diaz v. Eric Holder, Jr.

MEMORANDUM

Carlos Aldana-Hernandez, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing de novo questions of law, Retuta v. Holder, 591 F.3d 1181, 1184 (9th Cir.2010), we deny the petition for review.

The BIA correctly concluded that Alda-na-Hernandez’s conviction under California Health & Safety Code § 11352(a) renders him removable under 8 U.S.C. § 1227 (a)(2)(B) because a modified-categorical analysis of the criminal complaint, read in conjunction with the minute order, establishes that his offense relates to cocaine. See Mielewczyk v. Holder, 575 F.3d 992, 998 (9th Cir.2009) (“[Sjection 11352(a) addresses only conduct involving controlled substances.”); 21 C.F.R. § 1308.12 (b)(4) (listing cocaine as a Schedule II federally controlled substance); see also United States v. Leal-Vega, 680 F.3d 1160, 1168-69 (9th Cir.2012) (holding that a criminal complaint specifying a controlled substance, read together with other judicially noticeable documents confirming a plea to the complaint, may be sufficient…